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081 – Terms and Conditions - SWISS KRONO ... of Sale and Delivery ... 1. Scope of applicability ... 1.1 These Terms of Sale ... Delivery shall apply to all sale and delivery transactions of SWISS ... (hereinafter referred to as “Seller”). 1.2 These Terms of Sale ... Delivery shall apply exclusively. The Buyer’s business terms or amendments ... these Terms of Sale and Delivery ... not constitute a component part of the ... even if the Seller does not contradict them. ... 1.3 These Terms of Sale ... shall also apply to all future sale and delivery transactions between ... the contracting parties. ... 1.4 These Terms of Sale ... persons who, in regard to the contractual relationship, are acting in ... the exercise of their commercial or ... 2.1 A contract comes about when ... the parties have reached agreement on ... essential components of the contract, in particular the price, ... the Seller has confirmed the contract ... writing (declaration of acceptance). Consultancy services of any kind, ... particular in regard to the suitability of the purchase object ... the Buyer's precisely intended purpose shall ... be component parts of the contract. ... The precise intended use of the ... about which the Buyer may have informed the ... shall not be the commercial basis of the ... either. Testing the suitability of the goods for ... the Buyer's precisely intended purpose of ... use shall be a matter for ... the Buyer, possibly by engaging specialists ... 2.2 The Buyer shall be bound by ... longer binder period emerges from the offer. A contract only comes ... by the Seller’s written declaration of acceptance, ... if the offer has been made to ... representative of the Seller. ... and project documents may neither be copied nor made available to ... parties without the Seller’s consent. They must be ... returned at the demand of the Seller, possible ... any time. 2.4 In case of contracts ... on special specifications by the Buyer (e.g. custom production) the ... shall be entitled to withdraw if it ... comply with the quality, deadlines, etc demanded. The ... shall in such cases not have any claim. ... 2.5 The Seller may withdraw from the ... if the Buyer, despite the setting of ... second deadline, has failed to fulfil its ... to cooperate or if the Seller's performance ... its services is not possible for reasons for which the ... is not responsible or due to permanently insurmountable ... to performance that cannot be eliminated at ... reasonable expense. This shall also apply ... the Seller's particular specifications (e.g. special ... in particular the quality and deadlines demanded. ... 2.6 The Seller may withdraw from the ... if payment of the agreed price has not been ... by the agreed deadline for delivery (e.g. ... trade credit insurance, bank guarantee, payment ... advance). 3. Prices ... 3.1 The agreed price is exclusive ... valid statutory VAT in each case. If there are statutory provisions ... exemption from VAT, the corresponding requirements must have been ... a direct temporal link to the delivery. Tax-free EU deliveries: the ... is obliged to prove, furnishing corresponding evidence, that the ... goods have actually left Germany and reached ... EU member state (known as a "confirmation of ... The Seller shall provide the Buyer ... the confirmation of arrival by e-mail. ... this respect, the Seller requires the Buyer to ... issue a declaration of consent to ... the electronic receipt of the confirmation ... arrival (self-collector). The confirmation replay by e-mail can ... be sent by the Buyer after ... the goods have actually arrived in ... EU member state. The Buyer shall reimburse the ... costs incurred by the Seller due to the lack ... the abovementioned documentary evidence, e.g. subsequent ... charges and other damage incurred. In all other respects, ... the agreed price applies ex delivery ... the Buyer shall be responsible for ... the dispatch of the goods and ... shall bear the costs of packaging, insurance, freight, ... other charges. Packaging shall not be taken back. ... 3.2 Where changes have been agreed after ... of the contract at the Buyer's request ... the Buyer shall be obliged to ... for the additional expense incurred by the ... If the price for the additional expense ... not been agreed when the contract is changed the price ... be determined on the basis of ... the Seller's original calculation taking the ... price level into account. ... supply prices, salaries or other price-related economic conditions increase (e.g. ... rate fluctuations) for reasons for which ... the seller is not liable then ... the Seller may at its equitable ... (sec 315, par 1 Civil Code) adjust ... the price accordingly. ... 3.4 If advance payment has not been agreed, ... payments shall be due 7 calendar days after ... without any deduction. Partial deliveries are admissible allowed and may be ... separately. Payments shall only be made in Euros. ... 3.5 In case of payment arrears by the ... the latter shall forfeit all discounts, ... terms granted in connection with the sale and delivery transaction in ... In case of payment arrears by the ... the latter shall also owe late ... interest in the amount of 12% of the ... lump sum of € 40.00. The Seller’s claims due to arrears ... beyond this shall not be impaired. In case of payment ... by the Buyer the Seller may suspend ... deliveries to the Buyer even if they are ... part of the same sale and delivery transaction. ... 3.6 Payments shall be made by bank transfer. The ... acceptance of drafts and cheques shall ... have the effect of fulfilment. All ... and damages incurred due to redemption or non-redemption of ... and cheques shall be borne by the Buyer. ... 3.7 Contrary to the Buyer’s amortisation terms the Seller ... apply the Buyer’s payments as follows: Costs ... legal enforcement, interest, principal. The setoff may entail an increase ... the interest rate. The Buyer must ... be notified within a month of ... of payment of the set-off, failing which the Buyer’s ... 3.8 Should the Buyer be entitled to claims ... the Seller (counterclaims) then the Buyer ... only be entitled to set-off, retention or ... of the principal if the counterclaims have ... definitively adjudicated or are not in dispute. ... 3.9 The assignment of the Buyer’s claims ... the Seller shall only be legally ... effective with the Seller’s consent. ... 4. Delivery of the goods ... 4.1 The Seller shall at the ... be obliged to deliver the goods ... if payment of the agreed price within the meaning ... 4.2 The Seller may produce the goods ... deterioration of quality or render the goods unusable. ... 4.3 The Seller may produce the goods ... modified form where that is required by statutory ... quality or fitness for intended purpose. 4.4 Should the agreed delivery ... deadline be exceeded by the Seller ... more than two weeks without the ... being responsible for this then the Buyer ... set an appropriate second deadline for the Seller ... writing which must come to at least two weeks. ... passes to no avail may the Buyer withdraw from the contract. ... must be declared in writing. ... 4.5 Should the Seller be late in delivering ... the Buyer’s claims shall limited to ... amount of 0.5% of the value of the of an ... contractual goods affected by the delay for every week of ... maximum amount of 5% of the value of the goods affected ... the delay. Item 3.5, sentence 2, ... clause 2 shall apply in favour ... the seller accordingly. Claims ... by the Buyer going beyond this may ... be entertained in case of deliberate ... gross negligence or violation obligation by the ... and 4.5 shall not apply where there is a forward commercial ... in that case sec 376 of the Commercial ... Code shall apply. ... 5.1 The risk of accidental destruction ... accidental deterioration of the goods shall pass upon acceptance ... notional acceptance of delivery by the Buyer ... per item 4.1, sentence 2. ... 5.2 Should shipment to the Buyer be agreed (regardless of ... whose expense) the risk shall pass ... the Buyer as soon as the ... has surrendered the goods to the party or ... selected for shipment. Should shipment become impossible for reasons for which ... the Seller is not responsible then ... shall pass to the Buyer upon notification of readiness ... 6.1 Insignificant deviations from the description ... the goods, in particular tolerances listed ... standards and in the case of fixed-dimension slabs dimension ... of up to 10% shall not constitute any flaw ... outside of the cases regulated in ... This shall apply analogously if the expense of remedy for the ... exceeds 4% of the value of the goods in ... the sale or delivery transaction. ... 6.2 In case of the application of melamine ... coated products outside of Europe the Seller shall ... be liable for flaws if the ... been notified in writing of the intended purpose of use and ... the location where the goods are ... and the suitability of the material has ... confirmed by the Seller in writing. ... 6.3 Warranty claims presuppose that the Buyer provides the ... with the flawed goods for inspection purposes. ... must therefore be coordinated between the contract ... 6.4 Warranty claims presuppose that the Buyer has made ... complete payment to the Seller for ... the goods. ... 6.5 The Buyer shall under item 5 ... be obliged to immediately examine the ... writing. This shall even apply where samples have been delivered in ... advance. Where flaws only appear later ... complaint must also be registered about them immediately. In ... case of violations of the obligation ... examine and complain there shall be ... claims whatever on the Seller. ... 6.6 In case of flaws the Buyer’s warranty ... shall at first be for subsequent fulfilment by replacement ... the Seller may instead at its ... undertake subsequent fulfilment by replacement delivery. ... when the subsequent fulfilment fails or is ... by the Seller shall the Buyer be ... discretion, to a reduction in price or be entitled to withdraw. ... 6.7 The Seller shall only be liable ... property and financial damages where there is deliberate intent or ... negligence. Liability shall be limited to ... that are contractually typical and foreseeable at ... the time of contract signing. This ... shall not apply where there is injury to life, ... or health for which the Seller is responsible as well ... in case of violations of essential contractual ... and claims under the Product Liability Act. The limitation ... damages for third-party claims against the Buyer. ... in connection with patent rights the Seller shall only be liable ... where there is deliberate intent or ... negligence. 6.9 The Buyer's claim's on ... the Seller due to flaws shall ... be time barred in one year. ... covered by sec 438, par 1, no 2 of the Civil ... Code. The statute of limitations shall ... 6.10 The Buyer shall only be ... to recourse claims on the Seller due ... regulations on the purchase of consumer goods to ... the extent that the Buyer has ... with its contractual partner in the supply chain any claims going ... statutory defect claims. The Buyer's recourse claims shall be ... time barred in one year; sec ... par 2 of the Civil Code shall not be ... applicable. Items 6.7 and 6.9 shall ... assumption of shipping services and comparable services shall be deemed to ... be equivalent compensation within the meaning ... sec 478, par 4, sentence 1 of the Civil Code. ... The Buyer shall be obliged to ... notify the Seller of any recourse event ... in the supply chain. ... 6.11 The warranty period begins to ... 6.12 The Buyer shall only have ... recourse claims against the Seller on ... the basis of regulations about the ... purchase of consumer products to the ... that the Buyer has not established any ... going beyond those allowed for statutory flaws with ... own contract interlocutor in the supply chain. The Buyer’s recourse ... shall be time barred in one year; ... 479, par 2 of the Civil Code shall not be ... applicable. Items 6.7 and 6.10 shall ... assumption of shipping services and comparable services granted to the Buyer ... be deemed to be equivalent compensation ... the terms of sec 478, par ... sentence 1 of the Civil Code. ... The Buyer shall be obliged to ... notify the Seller of any recourse claim ... in the supply chain. ... 6.13 The warranty obligation for flaws ... lapse if the goods are modified, ... 6.14 Should it turn out after ... the Buyer demands compensation from the ... under the warranty that the Seller has ... warranty obligation then the Buyer must compensate the Seller ... 7. Retained title 7.1 The goods delivered shall ... the Seller’s property pending complete fulfilment ... all of the Seller’s claims on the Buyer ... the sale and delivery transaction. The ... claims in a current account invoice or their balancing out and ... by the Seller shall not rescind retained ... title. 7.2 The goods delivered shall ... the Seller’s property pending complete fulfilment ... all claims on the Buyer to which the Seller ... entitled, regardless of the legal reason for this, at ... or in the future. Item 7, sentence 2 ... 7.3 The Buyer shall be entitled to ... combine, commingle and process the retained ... title goods in its regular commercial ... and more specifically for the Seller as ... but without any obligation on the latter. Should the Seller’s title ... the goods delivered lapse due to ... commingling or processing the Buyer hereby assigns co-title to ... the new object to the Seller ... the ratio of the value of ... the goods delivered to the Buyer’s ... at the time of combination, commingling or ... 7.4 The Buyer shall bear the risk ... the Seller’s goods. It must store ... carefully, label them as the Seller’s property and separate them ... insure them against loss, theft, fire, ... It hereby assigns the claim for insurance in the ... of damages to the Seller, who simultaneously accepts such ... In case of attachment or any other ... of the Seller’s rights by third parties ... the Buyer must advise said third ... of the Seller’s rights and immediately notify ... the Seller in writing. Costs incurred ... due to attachment or other impairment ... due to failure to notify of ... the Seller’s rights (including those of ... as well as damages shall be borne by the Buyer. ... 7.5 The Buyer shall be entitled to ... the Seller’s goods or the new ... in its routine business operations. Pledging, collateralization or ... mortage shall be barred. Claims incurred ... this sale are hereby assigned by the ... to the Seller who simultaneously accepts such ... The Buyer shall be obliged to ... the proceeds for the Seller separate ... third-party assets and to document the same in its accounts or ... its invoices. Should the Buyer’s claims from sale be ... on the current account of a third ... then the Buyer must object to this ... referring to the Seller’s rights and to immediately ... the Seller in writing. The Seller ... authorises the Buyer to collect on the ... claims on its own behalf; the authorisation may be revoked in ... the event that the Buyer is ... its obligations in relation to the Seller. ... 7.6 Should the value of the above cited ... permanently exceed 20% of the Seller’s claims then the Seller ... to that extent release them at its own discretion. ... 7.7 The Buyer shall be obliged to ... make all efforts, in particular to ... issue every legal declaration in relation ... the Seller or third parties in ... to assert the retained title agreed above to ... the full extent, including as well ... the foreign law of the place ... delivery or of the Buyer’s legal domicile. ... 8. Release from liability ... 8.1 The Buyer shall be solely ... liable in its internal relationship as ... under the Product Liability Act. It shall ... the Seller harmless against all third-party ... 8.2 Where the Buyer has provided the ... with specifications for production of the goods the implementation of which ... other intellectual property right then the Buyer shall hold the Seller ... 9. Choice of law, forum of legal ... venue of fulfilment, partial invalidity and ... 9.1 All disputes shall be adjudicated ... substantive German law. The application of ... the provisions of the UN Convention ... the International Sale of Goods (CISG) ... be barred. ... 9.2 Where the Buyer lacks a general ... (sec 38, par 2 of the Civil Procedure Code) or where ... the Buyer is a merchant, legal ... public law or a segregated estate under public law (sec 38, ... 1 of the Civil Procedure Code) ... the locale of 16816 Neuruppin shall ... provide the sole legal forum for ... disputes relating to the contract. The Seller may at ... discretion also initiate action in the courts of ... the Buyer’s own jurisdiction. ... 9.3 The venue of fulfilment for all ... under the contract shall be at Heiligengrabe ... 16909 Wittstock. ... 9.4 Should specific provisions of the contract be or become ineffective ... the validity of the remaining provisions ... not be affected. The contract parties shall ... be obliged to agree on a ... regulation of the matter most closely approximating the ... purpose intended by the void provision. ... 9.5 No ancillary verbal understandings have been reached. Any amendment shall ... require written form, in which context ... written statement by fax shall suffice. This shall also apply to ... amendment of the requirement of written form itself. ... The requirement of written form shall ... apply to statements impacting on the legal relationship of the parties, ... particular to withdrawal and the setting of deadlines. ... Heiligengrabe, May 2019 ... 20190527_Terms of Sale and Delivery_05 2019_EN.pdf ... Status: 05.2019 Copyright SWISS KRONO TEX

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